Appeal No. 98-2086
Application 08/539,353
bracket members 1, 2 joined by a hinge 4. Each of the bracket
members includes an apertured plate 5, 6 which is adapted to
align with the other plate to receive a padlock when the
bracket is closed. In the embodiment illustrated in Figure 3,
the hinge 4 is replaced by a sliding connection formed by a
housing 17 on one of the bracket members and an extended end
18 and stopper 19 on the other bracket member.
Claim 3 depends from claim 1 and requires the first and
second arms to respectively have an aperture in and an "L"
shaped member connected thereto, with the "L" shaped member
adapted to fit inside of the aperture for relative rotation
such that the first arm is able to rotate relative to the
second arm. Here again, the appellant's contention (see pages
5 and 6 in the main brief) that the lock bracket disclosed by
McIntosh does not include such structure is well taken. The
examiner's insistence that McIntosh's housing 17, extended end
18 and stopper 19 constitute an aperture and "L" shaped member
which allow relative rotation of the sort set forth in claim 3
(see page 3 in the final rejection and page 4 in the answer)
is unsupported by, and indeed is inconsistent with, McIntosh's
disclosure. Moreover, the examiner's reliance on the separate
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